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M, KIMIIRA, A ~ll /I,
MARTIN (lARflNK I; "I^
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AqRm~MENT
B E; T WEE N C I T Y AN P P LAN N E R S
, THIS AGRh;F~MENT, maqa and nnttn.'od into this 23^..v
<lay of J.!lL~~ , 196H. by and betwoen th~ City nf qih'oy, ~
Illllllic irl;lt' CQ-;"r~l'aUon ,he nlinafte l' called the City and Kimn:ral Garfinkel,
.:'.152 St aunton Court, Palo Alto, California, ha:reinaft~:r c~l1e4 the Planne l't.i.
WITNESSETH:
Wllli~REA.."), the City is a Hllwidpi\.l corporation, duly organizud
and fnd:Hing under and by virtllo of tha In\-\'s oC tho Stat~ of CaUfornia; and
WHEREA.S, Kimlll'a/Gadinkel, Plannel'lt, Architecta and. Land-
Heape Architects, are il,lltborizccl to practh~fl their prOfeSltlOn Ul'\Clfll' the
l"lusint:6H i\.nd Profeaaiona! Code (.If the Sta,to of California, anq
WH KREA..'i I tlw City intends 1_0 :retain the Planners for profes-
tdonal sf:l'vicet:l, as ad fOt'th in the Scope (If Work, for the planni.ng and
design of:
A play an'it of a.bont 12,000 IH] it in Christmas Hill
Park, Gil roy, Califo rnia., hlHttinafitll' ca1lftQ the
prnjot't,
NOW. TIH;In:T!'OlU~, tho City ant! tlw 111..mIHH'JiJ, for the coni'll.
lit' rati 1mb 110 l'e1nnJto I' nal1lml, AGREE AS F'Ol.LOWS:
L. Tho Pliwners agree to provide l)rofe~uiqnal services for
tho above projoct q,s hert-inaner Bet forth.
A. S~opo of Work
1. Batie Plc\.11
The ba8 e plan wi 11 record exiating conqit!ona
at the 13 ite and will be drawn to iii calc, It will
lw prepal'cd horn rnMH:l'Ht:lmenta m~de at tl16 l,dk.
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AGREEMENT 2.
City of Gilroy
A. ~cope-9f Work (Continued)
During the preparation of the base plan, the
program for the project will be reviewed and
clarified with the Park and Recreation Director,
and a project budget construction cost will be
established.
2. Study Plan
The study plan will be developed from the
completed bas e plan and from the criteria dis-
cussed at the meeting. The study plan will be a
free hand drawing, accurate, and at the same
scale as the base plan. Design elements, materials
of construction and variations within plants and
plant groups will be delineated by graphic rneans
in this plan, and by supplementary sketches. A
preliminary project construction cost estimate
will be prepared.
On completion, the study plan will be reviewed at
a conference with the Park and Recreation Director.
At this time, all aspects of the plan will be analyzed,
alternate solutions and possible changes will be
carefully discussed. The goal of this conference
will be an approved study plan, or a study plan ap-
proved with clearly defined revisions.
3. Master Plan
The master plan will be developed from the approved
study plan and will incorporate required revisions.
The master plan will be an accurate instrument draw-
ing. In more detail, it will pres ent elements of the
landscape j the paved areas, other landscape construc-
tion and characteristics of major individual plants
and plant groups that have been delineated in the study
plan. The preliminary project construction cost
estimate will be reviewed and revised if required.
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AGREEMEN T 3.
City of Gilroy
A. Scope of Work (Continued)
The completed master plan will be presented to
the Park and Recreation Commission. At this
meeting, the master plan will be reviewed and
approved or revised for approval with clear direc-
tion from the Commission.
4. Working Documents
The working doculnents will be developed from the
approved master plan and will include the following
elements:
a. Grading plan
b. Construction plan and details
c. Planting plan and plant list
d. Irrigation plan and details
e. Lighting plan
f. Specifications
A project construction cost estimate will accompany
the working documents.
B. Conditions
1. The City shall, so far as the work under this agree-
ment may require I at its own expense, furnish the
planners with the following information: complete
and accurate surveys of the sites, giving the grades
and lines of streets, pavements and adjoining pro-
perties; the rights, restrictions, easements, bounda-
ries, and contours of the landscaping sites and build-
ing, and full information as to sewer, water, gas
and electrical services. The City shall ala 0 pay for
boring or tests pits and for chemical, mechanical or
other such tests when required, and for required
engineering.
2. The City shall authorize a representative to provide
such detailed information on the requirements of the
AGREEMENT 4.
City of Gilroy
B. Conditions (Continued)
City as may be necessary during the preparation
of the drawings, as required by the Planners.
3. Project construction cost as herein referred to
means a semi-detailed estimate of project cons-
truction COl9t prepared by the Planners and ap-
proved by the City, based on unit prices for labor
and material recommended by California Landscape
Contractors' Association,
4. The original drawings and. specifications, as ins-
truments of service, are the property of the Plan-
ners, subject to Article 8 below.
The Planners shall furnish the City with two (2) copIes of plans and speci-
fications at no addl tl.onahfcf~laWn~~i ij,iY'provide the City with copies or
reproducible plans thereof, as required by the
City. The cost of these copies and reproducible
plans shall be paid for by the City.
5. The Planners shall be reimbursed by the City for
expens es as follows:
a. Travel from the office of the Planners to
City Hall, at the rate of $0. 10 per mile. not to
exceed $50.00..
b. Preparation of special reports and special
display drawings, motlels or perspectives,
if required by the City.
6. The City may order changes in the Scope of WQr~
the tot~l payment being adjusted accordingly, to
the satisfaction of both parties. All such orders
and adjustments shall be in writing.
7. Revisions to previously approved plans and
documents to accomplish change" ordered by the
City, shall be made at a fee satisfactory to both
parties, and verified in writing. .
8. This agreement may be terminated by either party
upon written notice to the other party in the event of a
substantial failure of performance by such other party;
or by the City if the City, by resolution of a majority
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AGREEMENT 5.
City of Gilroy
B. Conditions (Continued)
of its Council, should deem it necessary or
desirable to abandon or indefinitely postpone the
prosecution of the project for which the profes-
sional services described herein are to be rendered.
9. All questions in dispute under this agreement shall
be submitted to arbitration at the choice of either
party, to be conducted in accordance with standard
arbitration procedure as adopted by the American
Institute of Architects insofar as the same shall not
be in conflict with the laws of the State of California.
10. The City and the Planners each bind thems elves, their
partners, success ors, executors, administrators,
and assigns of such other party in respect to all
covenants of this agreement. Except as above, neither
the City nor the Planners s hall assign, sublet or trans-
fer his interest in this agreement without the written
consent of the other.
11. The Planners s hall be given credit in any publications.
exhibits or communications which encompass any
part of the project, and will be permitted to photo-
graph the project.
II. The City agrees to pay the Planne rs, as compensation for
se rvices:
A. A professional fee computed as follows:
principals' planning and design time
staff and drafting time
$lO/hr
$ 7/hr
The total fee shall not exceed $400.
The Planners I fee herein specified shall constitute full
compensation to the Planners for all costs of service,
including but not limited to, direct cost of labor of
employees engaged by the Planners, typing and all items
of general overhead; except for reimbursement or additional
payments, as set forth in C anditions, Articles 4, 5, 6 and 7,
above.
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AGREEMENT 6.
City of Gilroy
B. Payment of the fee shall be as follows:
Two staged payments:
upon completion and approval of the master
plan, a portion of the total fee, computed in
proportion to the time expended, not to exceed
$200, plus reimbursements due.
upon completion and acceptance of the working draw-
ings and specifications as set forth in the Scope of
Work, the remaining balance, computed in propor-
tion to time expended, not to exceed the maximum
total fee of $400, plus reimbursements due.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first hereinabove written.
City:
CITY OF GILROY
a municipal corporat' on
Planners:
KIMURAI GARFINKEL
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YED AS TO FORM:
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PLANNING
ARCHITECTURE
LANDSCAPE ARCHITECTURE
CALIFORNIA 94306 (415) 326-0941
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M. KIMURA AS LA
MARTIN GARFINKEL AlA
2152 STAUNTON COURT PALO ALTO
A G R E E MEN T
day of
a municipa
Garfinkel,
called the
BET WEE N C I T Y AND P LAN N E R S
GREEMENT, made and entered into thisi 51-
, 1970, by and between the City or Gilroy,
ration, hereinafter called the City and Kimura/
2152 Staunton Court, Palo Alto, California, hereinafter
Planners.
W: I T N E SSE T H:
WHEREAS, The City is a municipal corporation, duly organized
and existing under and by virtue of the laws of the State of Califor-
nia; and
WHEREAS, Kimura/Garfinkel, Planners, Architects and Landscape
Architects, are authorized to practice their profession under the
Business and Professional Code of the State of California; and
WHEREAS, the City intends to retain the Planners for profes-
sional services, as set forth in the Scope of Work, for master
planning:
v Christmas Hill Park
Creek area, approximately 7 acres
Original park area, approximately 29 acres.
hereinafter called the project. See attached Detailed
Description of Project, dated April 10, 1970.
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NOW, THEREFORE, the City and the Planners, for the considera~
tions hereinafter named, AGREE AS FOLLOWS: J
I The planners agree to provide professional services for
the above project as hereinafter set forth.
PLANNING
ARCHITECTURE
LANDSCAPE ARC~'TECTURE
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Page #2
KIMURA/ GARFINKEL
AGREEMENT
. GHy of Gilroy
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'A. Scope of Work
1 t Base PI,..\.n
The pas e plan will record existing condi ~....
at the site and will bc drawn to scale. V.'1"...
be prepared hon) information provided 'jy the City.
D\lring the preparation of the base plan, the
program for the project will be reviewed and
clarified with the Park and Recl-'cation pirector,
a ~ Study Plan
The stt~dy plan will be clevoloped from the
complctccl base plan and from the crite~..ia dis-
cllf.scd at tho llleoting. The titucly plan will be a
!:t.>ee hand drawing~ accnrate, and at the same
13cale as the base plan, Design elements, materials
of construction and variations within plants and
plant groups will be delineated Py graphic means
in this plan, and by supplementary sketches,
On completion, the study plan will be reviewed at
a confcl-'ence with the Park and Recreation Director,
At this time, all aspects of the plan will be analyzed,
alternate solutions and pos sible changes will be
ca1.'efully discussed. The goal of this conference.'
will be an approved s iudy plan, or a study plan ap-
proved with clearly defined revisions,
t.
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3 t Mas te r Plan.
The master plan will be developed fr01'n the approved
study plan and will incorporate required revisions.
The m.as te};' plan will be an accurate ins trurnent draw-
ing, In more detail, it will present elements of ilw
landscape; the paved a~.eas, other landscape construc-
tion and characteristics of major in:lividual plant.s
and plant groups that have been delineated in t:he study
plan.
, . . .
PLANNING
ARCHITECTURE
LANDSCAPE ARCHITECTURE
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KIMURA/ GARFINKEL
AGREEMENT
City of GUroy
Page #3
A. Scope of Work (Continued)
The completed master plan will be presented to
the ::Park and Rec rcation Commis sion, i..t this
meeting, the master pla.n will be ).'eviewed and
approved or revised for approval with clear direc-
tion from the Commission.
to
In addition~he Master Plan, details for
proto-type field-built park equipment
such as benches and picnic areas; and
schematic studies for park facility build-
ings, such as rest rooms and pavilions
shall be provided.
l3, Conditions
!. The City shall, so far as the worle under this agree-
ment may rcquil"o, at its own exponse, furnish the
planners with the following information; complete
and accurate surveys of the sites, giving the grades
and lines of streets, pavements and adjoining pro-
pe l"ties i the rights, rest'fictions, cas ements, bounda-
).'ies, and contours of the lands caping sites and build-
ing, and full information as to sewer, water, gas
and electrical services. l'he City shall also pay for
boring or tests pits and for chemical, mechanical or
other such tests when required, and fol' l.'cquircd
engineering,
Z, The City shall authorize a .:representative to provide
I'luch detailed information on the requil'crnents of the
, . . .
PLANNING
ARCHITECTURE
LANDSCAPE ARCHITECTURE
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AGREEMENT
City of Gilroy
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Conditions (Continued)
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City as may be necessary during the preparation,
01 the drawings, as requ~red by the Planners.
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3,
Pt'oject construction. cost as herein refel'r~d to
means a semi-detailed estimate of project cons~
truction cost prepared by the Planners and. ap":
proved by the City, based on unit prices for labor
and material recommended by California Landscape
Contractors I Association. " .
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4;, The original drawings and specifications, as ins~'
" truments of S cl'vice, aloe thE\ property of the Plan-
ners. sub.iect to Article 8 below,
-...., ~ '.-....TflC l-'J.anner::i Wll.l'pl'ovJ.aa t11e <..;ity with COpleS or
l"eproducible plans thereof, as required by the
City. The cost of these copies and reproducible
plans shall be paid for by the City.
The Planners shall furnish the City with two (2)
final copies of plans and specifications at no
additional cost to the City.
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5. The planners shall provide their own transportation.
The planners shall prepare presentation drawings of
the project and provide a copy of each to the City.
6. The City may order changes in the Scope of Vlar};
the total payment being adjusted accordingly J to
the satisfaction of both parties. All such orders
and adjustment.s shall be in writing. '\
. ,
, 7! Revisions to previously approved plans and
documents to accomplish changes ordered by the
City, ahall be made at a fee satisfactory to both
parties. and verified in writing,
. .
PLANNING
ARCHITECTURE
LANDSCAPE ARCHITECTURE
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KIMURA / GARFINKEL
AGREEMENT
City of Gilroy
Page #5
B, Conditions (Continued)
8. 'l'his ag1'0Cmcnt may be terminated hy either party
upon written notice to tho other party ~n. the event of a
substan.tial failure of perforrnance by such other party;
or by the City if tho City, by res olution of a majority.
of its Council, should deem it necessary or v
desirable to abandon or indefinitely postpone the -"J
prosecution of the project for which the Pl'O[OB-
sional services deSC1"ibed herein aloe to be :rendered.
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9, All questions in dispute under this agreement shall
be submitted to arbitration at the choice of either
party, to be conducted in accordance with standard
arbitration procedure as adopted by the American
Institute of Architects insofar as the same shall not
be in conflict with the laws of the State of California.
.10, T11e City and the Planners each bind themselves, their
partners, success ors, executors, administrators I
and assigns of such other party in respect to all
covenants of this agrcenlent, Except as above, neither
the City nor the Planners shall assign, sublet or trans-
fer his intoresj, in this agrccrnent without the written
con3ent of the other.
U. The Planners shall be given credit in any publications,
exhibits or communications which encompass any
part of the project, and will be permitted to photo-
graph the project.
KIMURA / GARFINKEL
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PLANNING
ARCHITECTURE
LANDSCAPE ARCHITECTURE
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Page #6
AGREEMENT
City of Gilroy
II The City agrees to pay the Planners, as compensation
for services:
A. A professional fee computed as follows:
A stipulated lump sum fee of $ 3~OOO..OO.. '
The Planners' fee herein specified shall constitute
full compensation to the Planners for all costs of
service, including but not limited to, direct cost
of labor of employees engaged by the Planners, typing
and all items of general overhead; except for reimburse-
ment or additional pyaments, as set forth in Conditions,
Articles 4, 5, 6 and 7, above.
B. Payment of the fee shall be as follows:
Monthly, in proportion to the amount of work
completed, together with reimbursements then due.
'"'
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first hereinabove written.
By
City:
Planners: KIMURA/GARFINKEL
BY~~
APP~6'VED) AS TO FORM:
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